A man came to our home to summons me -in street clothes. Banged on my door several times, which scared me to death because I wasn't expecting anyone. So this summons comes from an attorney and some other folks representing capital one bank. If I did have an account with them at one point, it's from almost 4 years ago. I'm in Utah. There's no case number nor is there a judge name on this summons. It just pretty much states I must file my answer within 20 days of the day I was summoned. Which was on January 29th, 2009, that's when they came to my home. I called the lawyer that it says to call , and he pretty much told me I could "go to jail" if I didn't pay some money towards the debt in other words agree to a "payment plan". I told him I would start to write my answer and see what happens. He pretty much stayed quiet and hung up. I need help in writing an answer to this summons. I've looked around, but it's a little confusing. I need it nice and clear. As if this summons bologna wasn't enough. I'd appreciate hearing from someone, who's familiar with "answers". Thanks :confused:

p.s. I don't have a job, no bank account, no property, nothing under my name, no school loans, no other credit debt. I think I'm their worst nightmare. Should I mention all of this on my answer to them? Or will the plaintiff fight me until they can get money out of me, the only solution to their problem would be if I robbed a bank, which I won't joke around with.. please respond I need help with my answer. Wish me luck!

p.s.s. can they make my husband pay for my debt? Is that even possible?

That sounds bogus to me. This is likely a collection agency trying to coerce you into paying. Or a scam. A summons should be delivered by the sheriff, not someone in street clothes. The only response I would give is to state I had no knowledge of an account with them and demand that they provide proof of my liability. Do not admit liability if you doubt you had an account with them. Do not provide information that an unscrupulous person could use against you. Keep any response short and simple.

To my knowledge they can not make your husband pay (or you) without a court order. So if you are confident that you had no account with Capital One, you could just ignore it and see if there is an official summons. They can not put you in jail without taking you to court first.

NOTE: This is my opinion. I am not an attorney.

I received a summons today on an old credit
Card debt, I am separated from my husband, and have three children, I was waiting on my income tax money to see if I could settle this debt. Now that I have received the summons can I still try to settle before court?

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Originally Posted by k12w84l

a man came to our home to summons me -in street clothes. banged on my door several times, which scared me to death because i wasn't expecting anyone. so this summons comes from an attorney and some other folks representing capital one bank. if i did have an account with them at one point, it's from almost 4 years ago. i'm in utah. there's no case number nor is there a judge name on this summons. it just pretty much states i must file my answer within 20 days of the day i was summoned. which was on january 29th, 2009, that's when they came to my home. i called the lawyer that it says to call , and he pretty much told me i could "go to jail" if i didn't pay some money towards the debt in other words agree to a "payment plan". i told him i would start to write my answer and see what happens. he pretty much stayed quiet and hung up. i need help in writing an answer to this summons. i've looked around, but it's a little confusing. i need it nice and clear. as if this summons bologna wasn't enough. i'd appreciate hearing from someone, who's familiar with "answers". thanks :confused:

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File the answer with the court, simply stating "I intend to defend this action and demand strict prove of the alleged claim"

There is no more debtors prisons